Vaughan v. Duke

Undercofler, Justice.

This appeal is from a temporary injunction which restrains the use of property under a rezoning ordinance which was approved by the Board of County Commissioners. The trial court based its order upon a finding that the public hearing required by the zoning ordinance was invalid because it was attended by only one qualified member of the board.

The board consists of three members. One member was disqualified because of his interest in the subject property. He did not participate in the discussions nor vote upon the rezoning application. However, he was present at the public…